Personal Injury Lawyers › Product Liability
Product Liability Lawyers — Defective Product. Manufacturer's Liability.
If you have been injured by a defective product — a vehicle, medical device, appliance, food product, or any consumer goods — you may have a product liability claim under the Australian Consumer Law. Manufacturers and suppliers can be strictly liable for injuries caused by safety defects, regardless of negligence. Get a free assessment from a product liability lawyer today.
⚠ Product liability claims have a 3-year limitation period running from the date of the injury — and the defective product must be preserved as evidence where possible. Get assessed today.
What We Help With
Product liability — every type of defective product.
Product liability claims can arise from any product that causes injury due to a safety defect. The most common categories involve motor vehicles, medical devices, electrical appliances, food and beverages, pharmaceuticals, children's products, and industrial equipment.
Motor Vehicle Defects
Injuries caused by defective vehicle components — faulty airbags (including the widespread Takata airbag recall), defective brakes, seatbelt failures, sudden unintended acceleration, and steering failures. Large-scale vehicle recall matters may involve class actions.
Medical Device & Implant Defects
Injuries caused by defective medical devices — hip replacements, hernia mesh, breast implants, pacemakers, and other implanted devices. Where a device fails prematurely or causes complications due to a design or manufacturing defect, the manufacturer may be strictly liable.
Electrical & Consumer Appliance Defects
Burns, electric shocks, fires, and other injuries caused by defective electrical appliances, power tools, and consumer products. Manufacturer and supplier liability under the ACL for products not of acceptable quality or which have a safety defect.
Food & Beverage Contamination
Illness or injury caused by contaminated food or beverages — foreign objects, bacterial contamination, undisclosed allergens, or products that do not match their labelling. Claims against food manufacturers, processors, and retailers.
Pharmaceutical & Medication Defects
Injuries caused by pharmaceutical products that are defective, contaminated, or fail to carry adequate warnings about known risks. Pharmaceutical product liability claims are complex and typically require expert pharmacological and medical evidence.
Children's Products & Toys
Injuries to children caused by defective toys, furniture, playground equipment, car seats, and other products. Children's products are subject to mandatory safety standards — failures to meet these standards are strong evidence of a safety defect.
What the Law Says
Product liability under the Australian Consumer Law — strict liability explained.
The Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010) imposes strict liability on manufacturers and suppliers for injuries caused by goods with a safety defect. No proof of negligence is required.
Strict liability — no need to prove negligence
Under the Australian Consumer Law, a manufacturer is strictly liable for personal injuries caused by a safety defect in their product. The claimant does not need to prove the manufacturer was negligent — only that the product had a safety defect and the defect caused the injury. A "safety defect" exists where the product's safety is not what persons generally are entitled to expect. This is an objective standard — courts assess what safety the public is entitled to expect, taking into account how the product was marketed, what it was used for, and any warnings provided.
Who is a "manufacturer" — a broad definition
The ACL's definition of "manufacturer" includes not only the actual manufacturer of the goods but also: any party who holds itself out as the manufacturer (by applying its brand to the product); the importer of goods manufactured overseas; and any supplier who is unable to identify the manufacturer. This means an Australian retailer selling an unbranded overseas product is potentially liable as the deemed manufacturer if the actual manufacturer cannot be identified. A lawyer identifies all potentially liable parties in the supply chain.
Development risk defence — the manufacturer's main shield
The ACL provides a development risks defence — a manufacturer is not liable where the state of scientific or technical knowledge at the time of supply was not such that the defect could have been discovered. This defence is narrow and contested — it requires that the defect was truly unknowable at the time, not merely undiscovered due to inadequate testing. A lawyer assesses whether this defence is available in your product's circumstances.
Negligence — an alternative pathway
Product liability claims can also be framed as common law negligence — proving the manufacturer owed a duty of care, breached it through the design, manufacture, or warning process, and the breach caused the injury. Negligence provides a wider range of defendants and may be relevant where the ACL strict liability pathway has a defence available. In practice, product liability claims often plead both the ACL and negligence as alternative grounds.
Preserving the product — critical evidence
The defective product is the central piece of evidence in a product liability claim. Where possible, the product should be preserved in its current condition — including any packaging, instructions, and warnings supplied with it. It should not be repaired, discarded, or returned to the retailer without first obtaining legal advice. An expert engineer, product safety specialist, or forensic examiner will need to inspect the product as part of the claims investigation.
Class actions — multiple victims of the same defect
Where a product defect affects a large number of consumers, a class action (group proceedings) may be available — particularly for widespread product failures such as vehicle defects, pharmaceutical harms, or medical device failures. Class actions aggregate the claims of many victims, reduce individual legal costs, and may be the most practical way to pursue a claim against a large manufacturer. A lawyer advises on whether a class action exists or is likely to be initiated for your product.
How It Works
One request. A free product liability assessment.
Tell us the product, how it caused the injury, and your state. Preserve the product. A product liability lawyer will assess your claim for free.
Submit Your RequestDescribe the product and how it failed
Tell us the type of product, the manufacturer/brand, how the defect caused your injury, when it occurred, and your state. Do not discard or repair the product.
Matched to a product liability lawyer
Your request is matched to a personal injury lawyer with experience in product liability claims — including access to engineering and product safety experts where required.
Free assessment arranged
A lawyer assesses liability under the ACL and common law negligence, advises on the likely value of the claim, and explains the investigation process.
Common Questions
Product liability — frequently asked questions.
Do I need to prove the manufacturer was careless?
Not under the Australian Consumer Law — strict liability means you only need to prove the product had a safety defect and the defect caused your injury. Proof of negligence (that the manufacturer was careless) is not required for the ACL pathway. However, a separate negligence claim — which does require proof of careless conduct — may also be available. In practice, product liability claims are pleaded on both bases to ensure the strongest possible case regardless of which pathway the court finds more persuasive.
The product was made overseas — can I still claim?
Yes. The Australian Consumer Law applies to products supplied in Australia regardless of where they were manufactured. If the manufacturer is an overseas entity with no presence in Australia, the importer and any Australian entity that held itself out as the manufacturer (by applying a brand or label) are liable as "deemed manufacturers." Retailers who cannot identify the overseas manufacturer are also potentially liable. A lawyer identifies the correct Australian defendant in overseas-manufactured product cases.
I still have the product — is it safe to use it?
Do not use the product until it has been assessed by a product safety expert. The product must be preserved in its current state — including any visible damage from the incident — as it is the central piece of evidence in the claim. If the product poses an immediate safety risk, have it made safe (for example, disconnect a faulty appliance from power) but do not attempt to repair or alter it. Photograph the product and all packaging, labels, and instructions immediately. Tell a lawyer you have the product and they will arrange for it to be inspected and reported on.